By: Bonnen (Senate Sponsor - Huffman) H.B. No. 2006
(In the Senate - Received from the House May 13, 2011;
May 13, 2011, read first time and referred to Committee on Criminal
Justice; May 19, 2011, reported favorably by the following vote:
Yeas 7, Nays 0; May 19, 2011, sent to printer.)
A BILL TO BE ENTITLED
AN ACT
relating to the release of a photograph of a police officer and
access to records maintained by internal investigative divisions in
certain municipalities.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter F, Chapter 143, Local Government
Code, is amended by adding Section 143.090 to read as follows:
Sec. 143.090. RELEASE OF PHOTOGRAPHS OF POLICE OFFICERS. A
department, commission, or municipality may not release a
photograph that depicts a police officer unless:
(1) the officer has been charged with an offense by
indictment or by information;
(2) the officer is a party in a civil service hearing
or a case before a hearing examiner or in arbitration;
(3) the photograph is introduced as evidence in a
judicial proceeding; or
(4) the officer gives written consent to the release
of the photograph.
SECTION 2. Sections 143.1214(a) and (e), Local Government
Code, are amended to read as follows:
(a) The human resources director for the department
promptly shall order that the records of a disciplinary action that
was taken against a fire fighter or police officer be expunged from
each file maintained on the fire fighter or police officer by the
department if the disciplinary action was entirely overturned on
appeal by the commission, an independent third-party hearing
examiner, or a court of competent jurisdiction. Documents that
must be expunged under this subsection include all documents that
indicate disciplinary action was recommended or taken against the
fire fighter or police officer, such as the recommendations of a
disciplinary committee or a letter of suspension. This subsection
does not apply if the fire fighter or police officer is charged with
using excessive force that results in a death or injury and the
charge is being investigated by a law enforcement or criminal
justice agency other than the department. This subsection does not
require that records of an [the] internal affairs division or other
similar internal investigative division be expunged.
(e) The requirements of this section are in addition to the
requirements of Section 143.089. This section does not prevent a
fire fighter or police officer from obtaining access to any
personnel file maintained by the director or the department, other
than a file maintained by an [the] internal affairs division or
other similar internal investigative division, on the fire fighter
or police officer under Section 143.089.
SECTION 3. This Act takes effect September 1, 2011.
* * * * *